Marshall Law, P.C. Marshall Law, P.C. 2026-09-30T06:01:19Z https://www.marshalllawnm.com/feed/atom/ WordPress /wp-content/uploads/sites/1400295/2020/09/cropped-Favicon-m-32x32.png On Behalf of Marshall Law, P.C. <![CDATA[Can failure to refer to a specialist be medical malpractice?]]> https://www.marshalllawnm.com/?p=47853 2026-09-28T09:53:47Z 2026-09-30T06:01:19Z A primary care doctor may be the first person you see when you develop unusual symptoms. Sometimes, however, your condition may require care from a specialist. If a doctor does not make a referral when your symptoms or test results call for one, a serious condition may go untreated or worsen. In New Mexico, not every missed referral amounts to medical malpractice. A claim generally depends on whether the provider departed from the accepted standard of care and whether that failure caused you harm.

When can a missed referral become malpractice?

Doctors do not need to refer every patient to another provider. Whether a referral is needed may depend on the patient’s symptoms, medical history, test results and the level of care expected from a reasonably careful provider in similar circumstances. A referral may become important when a patient’s symptoms point to a condition outside the doctor’s area of expertise, test results show an abnormality that requires specialist evaluation or symptoms continue despite treatment. In these situations, failing to make a referral may raise questions about whether the provider provided appropriate care. Those questions can become part of a New Mexico medical malpractice claim when the evidence supports four key elements:
  • Duty: The provider owed a duty to provide care that met the applicable standard.
  • Breach: The provider failed to meet that standard, which may require expert medical testimony.
  • Causation: The failure caused an injury or allowed the patient’s condition to become worse.
  • Damages: The patient suffered actual losses, such as additional medical bills, lost wages or pain and suffering.
Still, a missed referral does not automatically mean that a provider was negligent. The circumstances must show that a referral was reasonably required and that failing to make it fell below the applicable standard of care. The failure must also have caused actual harm before it can support a malpractice claim.

How can a missed referral affect your health?

Delaying specialist care can sometimes allow a medical condition to progress. For example, failing to refer a patient with concerning test results could delay treatment for cancer, heart disease or another serious condition. The timing also matters. A specialist may have been able to identify the condition earlier or recommend treatment before the patient's condition became more serious. Establishing that connection, however, requires more than showing that a referral never happened. Reviewing medical records, test results and treatment decisions can help determine whether the doctor's actions played a role in the harm. Legal assistance can help assess these records and identify whether the facts support a medical malpractice claim under New Mexico law.

When a referral matters

A missed referral can raise important questions about the care you received, particularly when delayed specialist treatment leads to additional harm. The specific facts, medical evidence and connection between the missed referral and your injury can determine whether malpractice may have occurred.]]> On Behalf of Marshall Law, P.C. <![CDATA[Do not try to break up a dog fight]]> https://www.marshalllawnm.com/?p=47851 2026-09-23T15:09:39Z 2026-09-23T15:09:39Z When two dogs get in a fight, the first instinct many people have is to pull them apart by their collars. If you are walking your dog and an off-leash dog attacks, for instance, you are just trying to protect your pet. The problem with doing this, however, is that it can lead to severe injuries. You could be bitten by either dog. Your own dog may be panicked and not even realize that they are harming you. Often, when people try to break up a dog fight this way, they end up with severe lacerations and bite wounds on their hands, wrists and arms. Because dog bites are puncture wounds, these could become infected, and people could suffer injuries to tendons, ligaments and even nerves.

The best way to break up a fight

Ideally, if a dog fight breaks out, there will be two people who can work together to stop it. One tactic is to pick up the back legs of each dog. This forces them to balance on their front legs, and each person can then back up and slowly move in a circle. Doing this not only pulls the dogs apart, but it ensures that the people who are involved are far from harm. It does take more time, and it takes coordination, but it is much safer than trying to pull the dogs apart by their collars or their necks.

Have you suffered injuries?

Dog bites can lead to very significant injuries that may mean you need immediate medical treatment. If you have been injured by someone else’s dog, be sure you know how to seek financial compensation.  ]]> On Behalf of Marshall Law, P.C. <![CDATA[3 potential consequences of an incomplete spinal cord injury]]> https://www.marshalllawnm.com/?p=47849 2026-09-16T14:16:14Z 2026-09-16T14:16:14Z 1. Medical expenses Incomplete spinal cord injuries generally require intensive trauma care followed by long-term rehabilitative support. People may incur hundreds of thousands of dollars in medical expenses in the year immediately after their injury and tens of thousands of dollars in additional care costs every year for the rest of their lives.

2. Lost income

People who are in the hospital and undergoing rehabilitative care may need to take time away from work or may even lose their jobs in some cases. Additionally, the functional limitations generated by a spinal cord injury can affect the ability to keep a job or to continue pursuing advancement within a specific profession.

3. A need for support

People generally need to perform a variety of tasks every day for themselves and their families. Those with substantial functional limitations caused by a spinal cord injury may no longer be able to maintain vehicles, perform lawn care or handle other daily tasks. Accurately estimating the lifetime financial impact of a spinal cord injury can help people handle insurance claims and decide if a lawsuit is necessary. Those injured by the negligence and misconduct of others may have the right to demand compensation from the party liable for their injuries. Seeking legal guidance can help with both of these critical concerns.]]> On Behalf of Marshall Law, P.C. <![CDATA[Public pools should have “no-diving” signs]]> https://www.marshalllawnm.com/?p=47847 2026-08-27T15:24:52Z 2026-08-27T15:24:52Z Public pools need to have proper safety signs and depth markings. This is a requirement that helps people use these facilities without encountering serious injury. For instance, depth markers are required at numerous points, such as at both the minimum and maximum depth of the pool. If there is a slope change between a shallow end and a deep end, markings should also be used. Additionally, if the water is less than 5 feet deep, the pool needs to have signs that say “No Diving.” It can be difficult for a person to tell how deep the water is before entering it, and someone who inadvertently dives into a shallow pool could suffer serious head injuries or spinal cord injuries.

Liability for missing safety signs

If these signs are missing or have not been put up properly, it can mean that the owner and operator of the pool is liable for injuries that occur. They need to remember that signs should be in a clearly visible location, and they also need to post 911 information and emergency contact information. If signs have been improperly placed, if they do not have the correct contact information or if they have not been used at all, injured parties may be able to sue for financial compensation. A person who suffers a spinal cord injury could have lifetime ramifications, which can lead to significant medical bills, lost future earning capacity, pain and suffering, loss of enjoyment in life and many other such factors. Injured parties and their loved ones need to know what legal steps to take after such an injury occurs.]]> On Behalf of Marshall Law, P.C. <![CDATA[What medical records can help prove a birth injury claim?]]> https://www.marshalllawnm.com/?p=47845 2026-08-25T15:38:23Z 2026-08-25T15:38:23Z Prenatal and pregnancy records These can show whether you had complications, risk factors or abnormal test results that called for additional monitoring or treatment before labor began. Gather:
  • Prenatal visit notes
  • Ultrasound results
  • Laboratory and other test results
  • Notes about pregnancy complications or identified risks
Your pregnancy records can also help establish what your medical team knew before labor and whether the concerns documented received appropriate attention during delivery.

Labor and delivery records

These can help establish a timeline of changes in your baby's condition, the treatment you received and the decisions made during delivery. Gather:
  • Fetal monitoring strips
  • Nursing notes
  • Physician notes
  • Medication records
  • Records of a C-section or assisted delivery
These time-sensitive documentation can show what providers could see at specific points during labor. Those findings can help determine whether your medical team recognized signs of distress and responded appropriately.

Newborn and NICU records

Your baby’s records can help show signs of distress, oxygen deprivation or other concerns that developed after delivery and document how medical providers responded. Gather:
  • Apgar scores
  • Newborn examination records
  • Emergency treatment records
  • NICU records
  • Diagnostic test results
Your baby's condition and treatment after delivery may also help show whether the care provided addressed problems that had already appeared before birth.

Follow-up and treatment records

These documents can show how the injury affected your child after leaving the hospital and what care your child needed as a result. Gather:
  • Pediatric visit notes
  • Specialist evaluations
  • Diagnostic testing
  • Physical therapy records
  • Occupational or other therapy records
Some birth injuries become easier to identify over time, particularly when your child needs ongoing treatment or developmental support.

Protect your child's legal rights

Keeping your child's medical information organized can help preserve important evidence if you later pursue a birth injury claim. If important documents appear to be missing or you have difficulty obtaining it, an attorney can help you understand your options for obtaining the information and reviewing it as part of your claim.]]> On Behalf of Marshall Law, P.C. <![CDATA[Should you run from a dog?]]> https://www.marshalllawnm.com/?p=47843 2026-08-11T15:22:11Z 2026-08-11T15:22:11Z Generally speaking, no, you should not run away from a dog, even if it appears dangerous. This is the first instinct that many people have, simply seeking to protect themselves, but it often makes things worse. For one thing, turning to run means that you have to turn your back on the dog. On top of that, many dogs have a strong prey drive and like to chase, so running just makes them more likely to do so. They begin to view you as prey that is escaping, and they will follow. Furthermore, remember that dogs are almost always faster than people. Even if you run, if you cannot escape the dog, you have not actually made your situation any safer.

What should you do instead?

It is wise to avoid direct eye contact with the dog, which can be seen as aggressive. But instead of turning your back, just try to turn sideways and watch the dog with your peripheral vision. Dogs are often territorial, so slowly backing away from the dog can be helpful. This demonstrates that you are not a threat and removes you from its perceived territory. Your best option is often to try to remain calm and collected, lowering the energy in the encounter. Screaming, yelling and flailing your arms just increases the energy. But if you stay still, tuck your arms in close to your body and slowly try to move away from the dog, you may be able to avoid an attack.

What if you are still bitten?

Unfortunately, some dangerous dogs will still bite, even if you do everything correctly. If you suffer serious injuries, you need to know how to seek financial compensation from the dog’s owner.  ]]> by Marshall Law, P.C. <![CDATA[Can you file a product liability claim before a recall happens?]]> https://www.marshalllawnm.com/?p=47841 2026-08-10T09:50:43Z 2026-08-10T09:50:43Z Evidence that supports a product liability claim A product recall is not needed to file a product liability claim in New Mexico. A product can have a dangerous defect before a recall is announced. A later recall may support the claim, but that alone does not decide whether the claim is valid. Factors that may support a claim include:
  • Product defect: Evidence can show that the product had a design, manufacturing or safety problem.
  • Injury link: Medical records and other evidence may show that the defect caused the injury.
  • Manufacturer fault: Records may show that the manufacturer failed to design, test or warn about the product.
  • Warranty issues: The product may not have met its promised safety or quality standards.
  • Supply chain role: A manufacturer, distributor, retailer or another party may share responsibility.
Reviewing the available evidence can help determine whether a product liability claim may proceed before a recall is issued.

How can a later recall affect your injury claim?

A later recall does not automatically prove that a manufacturer is responsible. However, it can support a product liability claim by showing that the product may have had a defect before your injury happened. It may also help show that you did not ignore a known safety warning because no recall existed at the time of the incident. Strong evidence remains important. You should keep the product, packaging, instructions, purchase receipts, photos, videos and medical records. After a recall, the product should not be used, as continued use can increase the risk of injury. Reporting the incident to the Consumer Product Safety Commission (CPSC) or, when appropriate, the Food and Drug Administration (FDA), can also help create a record of the problem.

Pursuing justice after an injury

A recall may come after the damage is already done, but it does not remove the right to seek justice. A defective product can cause serious injuries, financial losses and long-term health effects. Finding the cause of the injury and identifying responsible parties can help determine the right path forward. Knowing the available legal options can help you protect your rights and pursue fair compensation.]]> On Behalf of Marshall Law, P.C. <![CDATA[Understanding a doctor’s duty of care]]> https://www.marshalllawnm.com/?p=47839 2026-07-20T20:13:26Z 2026-07-20T20:13:26Z When you seek medical treatment, you expect your health care provider to deliver care that meets accepted professional standards. While not every unexpected outcome is the result of negligence, doctors and other medical professionals have legal responsibilities once they begin treating a patient. If you believe a medical error caused your injury, understanding a provider's duty of care is an important first step. In New Mexico medical malpractice cases, this legal concept helps determine whether a health care provider may be legally responsible for the harm a patient suffered.

When does a doctor owe you a duty of care?

A doctor's duty of care generally begins when a doctor-patient relationship is established. This may happen when a provider agrees to treat you, performs an examination, reviews your medical records, or provides medical advice or treatment. Once that relationship exists, the provider is expected to deliver care that meets the accepted standard for similarly trained medical professionals. The duty of care covers many aspects of medical treatment, including reviewing your medical history, ordering appropriate tests, recommending suitable treatment, discussing potential risks, protecting your confidential information, and providing appropriate follow-up care. The law does not require perfect results, but it does require reasonable care under the circumstances. A breach of the duty of care may occur if a provider fails to meet accepted medical standards. Examples include:
  • Delayed diagnosis
  • Medication errors
  • Surgical mistakes
  • Failure to obtain informed consent
  • Misinterpreting medical records or test results
Whether a provider breached this duty depends on the specific facts of the case and whether another reasonably competent medical professional would have acted differently under similar circumstances. A doctor-patient relationship is also a key part of New Mexico medical malpractice cases because a provider generally cannot be held responsible for negligence without first owing a legal duty to the patient. In some situations, hospitals, clinics, or medical practices may also share responsibility if their actions or the actions of their employees contributed to a patient's injuries. Understanding a doctor's duty of care can help you recognize when medical treatment may not have met accepted standards. If you believe negligent medical care caused you harm, seeking legal guidance can help you understand your rights and the options available to you.]]> On Behalf of Marshall Law, P.C. <![CDATA[What if fault in a wrongful death claim was divided?]]> https://www.marshalllawnm.com/?p=47837 2026-07-16T16:50:12Z 2026-07-16T16:50:12Z Families often have questions after losing a loved one to a traumatic event. They want to know what happened, who is to blame, and what their next steps are. And another concern is whether a wrongful death claim is still possible if the deceased shared any responsibility for the accident. New Mexico follows a pure comparative negligence system, and understanding how that works can help families make informed decisions about their options.

What is comparative negligence?

Comparative negligence is a legal doctrine used to allocate damages when more than one person contributed to an accident.  Some states bar recovery if the deceased person was even 1% responsible for their death. However, New Mexico allows the deceased’s surviving family members to recover damages, even if the deceased was mostly responsible for the accident. However, the amount recovered is reduced by the percentage of fault assigned to the deceased. For example, a jury determines that a fatal car accident caused $1 million in damages. If the deceased was found to be 10% at fault, the recoverable damages would be reduced to $900,000. Even if the deceased was 75% at fault, the family could recover up to $250,000 from the other responsible party. New Mexico’s pure comparative negligence rule means even substantial fault on the part of the deceased doesn’t necessarily eliminate the right to pursue compensation. Insurance companies often investigate whether the deceased contributed to the accident in an effort to reduce the amount they have to pay. They may allege the deceased:
  • Was speeding
  • Failed to wear a seatbelt
  • Was distracted while driving
  • Failed to seek medical treatment promptly after an injury
However, just because allegations were made doesn’t mean they are true. All available evidence must be reviewed when determining fault. Wrongful death cases are rarely black and white, and questions about fault can make them even more complicated. If you have lost a loved one and believe another person’s negligence played a role, you don’t need to navigate the legal process on your own. A legal professional can evaluate the strength of your claim and pursue compensation you may be entitled to receive.]]> On Behalf of Marshall Law, P.C. <![CDATA[Can you still sue if the accident was partly your fault?]]> https://www.marshalllawnm.com/?p=47835 2026-07-13T11:52:23Z 2026-07-13T11:52:23Z After a preventable incident causes a serious injury, you may worry that one mistake will erase your right to compensation. Perhaps you ignored a warning sign, moved too quickly or failed to notice a danger. New Mexico law does not automatically bar your claim because you bear partial responsibility. Instead, your share of fault usually lowers the amount you may recover. Understanding how that calculation works can help you respond when an insurer tries to place too much blame on you.

Understand New Mexico’s comparative negligence rule

New Mexico uses pure comparative negligence. Under the state’s comparative negligence instructions, jurors first decide the full value of the claim. They then assign each person a share of fault and reduce the award by the injured person’s percentage. Unlike modified systems, New Mexico has no 50% or 51% cutoff. You may still recover part of your damages even if a jury finds you mostly at fault. You must still prove that another party acted negligently and contributed to your injury.

Calculate how fault affects compensation

Suppose you suffer a spinal injury after falling on poorly maintained stairs at an Albuquerque business. Your total damages are $500,000. A jury finds the property owner 70% responsible for the broken handrail and assigns you 30% because you entered the area despite a warning. Your share lowers the award by $150,000, leaving $350,000. The same legal principle can apply to serious injury claims involving unsafe property, dangerous products or other hazards. Photos, incident reports, witness statements and medical records can help show what happened. They can also help a jury decide how to divide fault.

Prepare for insurers to shift blame

Each point of fault placed on you can reduce what the insurer pays. An adjuster may focus on a warning you missed, the route you chose or a statement you made at the scene. The insurer may also treat uncertainty as an admission that you caused the injury. Protect yourself by sticking to the facts. Report the incident, photograph the hazard, collect witness names and seek medical care. Avoid guessing about who caused the injury. These steps preserve evidence while the details remain fresh.

Protect your claim before deadlines pass

New Mexico usually gives you three years to file a personal injury lawsuit. Some claims follow different rules. Claims against a state government entity usually require written notice within 90 days and a lawsuit within two years, though local municipal rules may vary. Medical malpractice claims against qualified healthcare providers may also involve different timing rules, requiring filing within three years of the date the malpractice occurred regardless of discovery. Partial fault does not automatically end your claim. Review the deadlines early and preserve the available evidence. A New Mexico personal injury attorney can examine the fault arguments, identify the correct deadline and explain which options may remain open.]]>